News & Analysis as of

Private Equity Investigations

Proskauer - Health Care Law Brief

As Scrutiny Escalates, DOJ Announces the Formation of the Health Care Monopolies and Collusion Task Force

The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more

Sheppard Mullin Richter & Hampton LLP

What Private Equity Firms Need to Know About the Ongoing SEC Investigation of “Off-Channel” Communications

Over the last several years, the Securities and Exchange Commission (“SEC”) has been laser-focused on the use of so-called “off-channel communications” in the financial services industry. On the theory that employees’ use of...more

King & Spalding

Senators Introduce New Bill for Transparency and Oversight in Health Care Transactions and Investment

King & Spalding on

On April 3, 2024, Senators Ed Markey (D-Mass) and Elizabeth Warren (D-Mass) released draft legislation titled the “Health Over Wealth Act” (the Proposed Bill). This Proposed Bill is another attempt to regulate private...more

A&O Shearman

Chief Information Security Officers and cyber whistleblowing: considerations for PE firms

A&O Shearman on

Managing these risks at a single company should be straightforward.  Executives and CISOs may be personally held accountable for cyber failings, negligence, breaches, and inadequate disclosure around cyber vulnerabilities and...more

Foley & Lardner LLP

NACD Virtual Event: How to Navigate the Federal Trade Commission (FTC) in 2024 – Key takeaways

Foley & Lardner LLP on

The first part of the webinar was led by Foley partner Ed Burbach, lead counsel to Neora, and Neora’s co-CEO Deborah Heisz as they shared learnings from Neora’s historic 7-and-a-half-year battle and eventual victory over the...more

Foley & Lardner LLP

Health Care Private Equity: Senate Budget Committee Investigates Hospital Ownership 

Foley & Lardner LLP on

On December 7, 2023, the Senate Budget Committee (the “Committee”) launched a bipartisan investigation into the reality of private equity ownership of hospitals in the United States. This investigation stems from concerns...more

Latham & Watkins LLP

CMA Vets PE Roll-Up Transactions

Latham & Watkins LLP on

The CMA increasingly reviews PE mergers including historic roll-up deals, which will prompt sponsors to reassess merger control risks. The UK’s Competition and Markets Authority (CMA) is increasingly focused on...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU Foreign Subsidies Regulation Goes Live: Key Implications for M&A Transactions

On 12 July 2023, the EU’s Foreign Subsidies Regulation (FSR) entered into force. The FSR allows the European Commission (EC) to investigate and remedy subsidies received from non-EU countries that distort the EU internal...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2023

McDermott Will & Emery on

UNITED STATES - Wilson Resigns as FTC Commissioner - On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more

Proskauer Rose LLP

Navigating BEA and Clayton Act Section 8 Compliance and Enforcement Actions for Private Equity Firms and Fund Managers

Proskauer Rose LLP on

Private equity firms and fund managers continue to see an increase in regulatory action from the federal government. On the heels of the rapidly approaching deadline for BE-12 filing and the DOJ's increased use of Section 8...more

Hendershot Cowart P.C.

DSOs vs. Texas’ Corporate Practice of Dentistry Doctrine: What You Need to Know

Hendershot Cowart P.C. on

A DSO, or a dental support organization, is an entity that contracts with dental practices to provide administrative, marketing, and/or other business management services for the practice. DSOs do not perform any clinical...more

Dechert LLP

Dechert's Global Private Equity 2022 Highlights

Dechert LLP on

Despite rising interest rates, global geopolitical risk and uncertainty surrounding a looming recession, 2022 remained a robust and fascinating year for the PE industry. Dechert’s PE practice worked alongside our clients...more

Perkins Coie

FTC Settlement Highlights More Aggressive Enforcement of Private Equity Acquisitions

Perkins Coie on

The U.S. Federal Trade Commission (FTC) voted 5-0 to issue a complaint and accept a proposed order for public comment regarding private equity fund JAB Consumer Partners SCA SICAR’s (JAB) $1.1 billion acquisition of SAGE...more

White & Case LLP

Antitrust: Extended timelines and broader scope

White & Case LLP on

The Federal Trade Commission (FTC) was busy in its first year under the Biden administration. Over the past year, the FTC announced several important policy and process changes that may have significant implications for US...more

Dechert LLP

Managing sanctions exposure from Multilateral Development Banks: the growing risks for private equity sponsors and asset managers

Dechert LLP on

In response to COVID-19, Multilateral Development Banks (“MDBs”)1  have pledged US$213.5 billion of financing for projects, in addition to the US$95 billion in new financing commitments pledged during 2019....more

Troutman Pepper

Private Equity And The SEC: A Brave New World Of Scrutiny And Compliance

Troutman Pepper on

In early April 2014, the Securities and Exchange Commission (SEC) announced the formation of a new unit within its Office of Compliance Inspections and Examinations (OCIE) that will be dedicated to the examination of private...more

Orrick - Finance 20/20

SEC Announces Examination Priorities for 2014

Orrick - Finance 20/20 on

On January 9, the SEC announced its examination priorities for 2014, which cover a wide range of issues at financial institutions, including investment advisers and investment companies, broker-dealers, clearing agencies,...more

The Volkov Law Group

Private Equity FCPA Risks: Growing Rapidly

The Volkov Law Group on

Several years ago, the SEC sent shockwaves through the private equity and hedge fund industries. The SEC launched an industry investigation focused on the legal principle that foreign sovereign wealth funds were a part of...more

Troutman Pepper

Club Deals: Analysis Of Legal Risks And Potential Consequences

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This article analyzes the legal risks and potential consequences of private equity firms collaborating with one another to create consortiums or so-called "clubs" to jointly bid for acquisition of a publicly listed target...more

The Volkov Law Group

Broker-Dealers: Pay Attention To Government Audits And Examinations

The Volkov Law Group on

The story of “The Boy Who Cried Wolf” applies with full force to the securities industry and the FCPA. ...more

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